United States Court of Appeals for the Third Circuit
451 F.2d 719 (1971)
The United States government (plaintiff) accused Edward Booz (defendant) of robbing a bank with an accomplice in April 1967. One of the robbers lost a hat during the robbery. Three days after the robbery, Mr. Kulp saw a man leave a white truck and search the bank's vicinity, presumably looking for the hat. Kulp told the investigator, Agent Bass, that the truck's license plate number was S0633. Bass made a note of that number. Booz's trial began in January 1971. Both Kulp and Bass reviewed Bass's 1967 notes to refresh their present recollection of the truck's license plate number. Despite this review, it was unclear from Kulp's testimony if his memory of the plate number had been refreshed. Bass testified that, having reviewed his notes, he remembered Kulp told him the plate number was S0633. Other evidence at trial established that this number was similar to the plate numbers of Booz's two trucks. The jury found Booz guilty, and he appealed to the United States Court of Appeals for the Third Circuit, arguing Bass's testimony regarding Kulp’s statement to him was inadmissible hearsay.
Rule of Law
Holding and Reasoning (Seitz, C.J.)
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